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ARCHIVED - Aircraft Operations (AO) 401
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ARTICLE
1
PURPOSE OF AGREEMENT
1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Union, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada, to maintain a high standard in the operation of air services and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served. Accordingly, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the Public Service in which members of the bargaining unit are employed.
ARTICLE
2
INTERPRETATION AND DEFINITIONS
2.01 For the purpose of this Agreement:
(a) "Union" means the Canadian Federal Pilots Association;
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(b) "bargaining unit" means all the employees of the Employer in the Aircraft Operations Group, as described in the certificate issued by the Public Service Labour Relations Board on January 18, 2001;
(c) "Civil Aviation Inspector" means an employee in the Civil Aviation Inspectors Sub-Group of the Aircraft Operations Group;
(d) "continuous employment" has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations;
(e) a "common-law spouse" relationship is said to exist when, for a continuous period of at least one (1) year, an employee has lived with a person of the opposite sex, publicly represented that person to be his or her spouse, and lives and intends to continue to live with that person as if that person were his or her spouse;
(f) "daily rate of pay" means an employee's weekly rate of pay divided by five (5);
(g) "day of rest" in relation to an employee means a day other than a Holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of the employee being on leave of absence;
(h) "double time" means twice an employee's hourly rate of pay;
(i) "employee" means a person who is a member of the bargaining unit;
(j) "Engineering Test Pilot" means an employee in the Engineering Test Pilots Sub-Group of the Aircraft Operations Group;
(k) "Employer" means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board;
(l) "headquarters area" has the same meaning as given to the expression in the Treasury Board Travel Directive;
(m) "Helicopter Pilot" means an employee in the Helicopter Pilots and Supervisors Sub-Group of the Aircraft Operations Group;
(n) "holiday" means the twenty-four (24) hour period commencing at 00:01 a.m. of a day designated as a Holiday in this Agreement;
(o) "hourly rate of pay" means an employee's daily rate of pay divided by seven decimal five (7.5);
(p) "lay-off" means the termination of an employee's employment because of a lack of work or because of the discontinuance of a function;
(q) "leave" means authorized absence from duty by an employee during the employee's regular or normal hours of work;
(r) "membership dues" means the dues established pursuant to the constitution of the Union as the dues payable by its members as a consequence of their membership in the Union, and shall not include any initiation fee, insurance premium, or special levy;
(s) "time and one-half" means one and one-half (1 1/2) times an employee's hourly rate of pay;
and
(t) "weekly rate of pay" means an employee's annual rate of pay divided by 52.176.
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:
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(a) if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
and
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(b) if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
ARTICLE
3
APPLICATION
3.01 The provisions of this Agreement apply to the Union, employees and the Employer.
3.02 Throughout this Agreement, words importing the masculine gender shall include the feminine gender.
ARTICLE
4
INTERPRETATION OF AGREEMENT
4.01 The parties agree that, in the event of a dispute arising out of the interpretation of a clause or Article in this Agreement, such dispute shall in the first instance be referred to the parties who will meet within thirty (30) working days and seek to resolve the problem.
ARTICLE
5
STATE SECURITY
5.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
ARTICLE
6
OFFICIAL TEXTS
6.01 Both English and French texts of this Agreement shall be official.
ARTICLE
7
CONFLICT BETWEEN LEGISLATION AND THE COLLECTIVE AGREEMENT
7.01 If any law now in force or enacted during the term of this Agreement renders null and void any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement.
ARTICLE
8
RECOGNITION
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8.01 The Employer recognizes the Union as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Labour Relations Board on January 18, 2001, covering all of the employees of the Employer in the Aircraft Operations Group.
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8.02 The Employer recognizes that it is a proper function and a right of the Union to bargain with a view to arriving at a collective agreement, and the Employer and the Union agree to bargain in good faith, in accordance with the provisions of the Public Service Labour Relations Act.
ARTICLE
9
MANAGEMENT RIGHTS
9.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Union as being retained by the Employer.
ARTICLE
10
RIGHTS OF EMPLOYEES
10.01 Nothing in this Agreement shall be construed as an abridgement or restriction of any employee's constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.
ARTICLE
11
APPOINTMENT OF REPRESENTATIVES
11.01 The Employer acknowledges the right of the Union to appoint or otherwise select employees as representatives.
11.02 The Union and the Employer shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of organization, the number and distribution of employees at the work place and the administrative structure implied by the grievance procedure. Where the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/ adjudication procedure.
11.03 The Union shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 11.02.
ARTICLE
12
TIME OFF FOR REPRESENTATIVES
12.01 A Representative shall obtain the permission of his or her immediate Supervisor before leaving work to investigate with fellow employees complaints of an urgent nature, to meet with local management for the purpose of discussing such complaints or problems directly related to employment and to attend meetings called by management. The Representative shall report back to his or her Supervisor, or designee, before resuming normal duties.
ARTICLE
13
ACCESS
13.01 The Employer agrees that access to its premises may be allowed to representatives of the Union for the purpose of interviewing a Union member.
13.02 Permission to hold such meeting shall in each case be obtained from the Employer's designated staff relations representative and such meeting shall not interfere with the operations of the department or section concerned.
ARTICLE
14
INFORMATION
14.01 The Employer agrees to supply the Union each quarter with the name, geographic location and classification of each new employee.
14.02 The Employer agrees to supply each employee with a copy of the Collective Agreement.
ARTICLE
15
BULLETIN BOARDS
15.01 The Employer will provide specific bulletin board space for the use of the Union at suitable locations accessible to employees, sites to be determined by the Employer and the Union, provided that the use of such boards by the Union shall be restricted to the posting of information relating to the business affairs, meetings, social events and reports of various committees of the Union, and shall contain nothing that is adverse to the interest of the Employer. Copies of information to be posted shall be supplied to the Department Head concerned. The Employer shall have the right to refuse the posting of any information it considers adverse to its interests. The Employer will make available to the Union specific locations on the premises for the storage of reasonable quantities of Union literature.
ARTICLE
16
LEAVE WITH OR WITHOUT PAY FOR UNION BUSINESS
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16.01 Public Service Labour Relations Board Hearings
(1) Complaints made to the Public Service Labour Relations Board pursuant to Section 190(1) of the Public Service Labour Relations Act
Where operational requirements as determined by the Employer permit, in cases of complaints made to the Public Service Labour Relations Board pursuant to section 190(1) of the Public Service Labour Relations Act alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2), 187, 188(a) or 189(1) of the Public Service Labour Relations Act, the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf before the Public Service Labour Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Union making a complaint.
(2) Applications for Certification, Representations and Interventions with respect to Applications for Certification
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay:
(a) to an employee who represents the Union in an application for certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a certification.
(3) Employee called as a Witness
The Employer will grant:
(a) leave with pay to an employee called as a witness by the Public Service Labour Relations Board,
and
(b) where operational requirements as determined by the Employer permit, leave without pay to an employee called as a witness by an employee or the Union.
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16.02 Arbitration Board and Public Interest Commission Hearings
(1) Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to an employee representing the Union before an Arbitration Board or Public Interest Commission.
(2) Employee called as a Witness
The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board or Public Interest Commission and, where operational requirements as determined by the Employer permit, leave without pay to an employee called as a witness by the Union.
16.03 Adjudication
(1) Employee who is a Party
Where operational requirements as determined by the Employer permit, the Employer will grant leave with pay to an employee who is a party to the adjudication.
(2) Employee who acts as Representative
Where operational requirements as determined by the Employer permit, the Employer will grant leave with pay to the representative of an employee who is a party to the adjudication.
(3) Employee called as a Witness
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to a witness called by an employee who is a party to the adjudication.
16.04 Meetings During the Grievance Process
(1) Employee presenting Grievance
Where operational requirements as determined by the Employer permit, the Employer will grant to an employee:
(a) where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of such employee and "on duty" status when the meeting is held outside the headquarters area of such employee;
and
(b) where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.
(2) Employee who acts as Representative
Where an employee wishes to represent at a meeting with the Employer, an employee who has presented a grievance, the Employer will, where operational requirements as determined by the Employer permit, grant leave with pay to the representative when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.
(3) Grievance Investigations
Where an employee has asked or is obliged to be represented by the Union in relation to the presentation of a grievance and an employee acting on behalf of the Union wishes to discuss the grievance with the employee, the employee and the representative of the employee will, where operational requirements as determined by the Employer permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such employee.
16.05 Contract Negotiations Meetings
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Union.
16.06 Preparatory Contract Negotiations Meetings
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiations meetings.
16.07 Meetings Between the Union and Management
Where operational requirements as determined by the Employer permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Union.
16.08 Group Executive Meetings, Union Executive Meetings and Union Conventions
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to a reasonable number of employees to attend Group Executive meetings, Union Executive meetings and Union Conventions.
16.09 Representatives' Training Courses
Where operational requirements as determined by the Employer permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Union to undertake training related to the duties of a representative.
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16.10 Determination of Leave Status
Where the status of leave requested cannot be determined until the Public Service Labour Relations Board or an adjudicator has given a decision, leave without pay will be granted pending final determination of the appropriate leave status.
